Bradley Knight v Byrne Construction Systems Pty Ltd
[2011] FWA 4244
•5 JULY 2011
[2011] FWA 4244 |
|
DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Bradley Knight
v
Byrne Construction Systems Pty Ltd
(U2011/4935)
COMMISSIONER RYAN | MELBOURNE, 5 JULY 2011 |
Dismissal of application for want of prosecution.
[1] An application for an unfair Dismissal remedy was made by the CFMEU as representative for the Applicant on 10 February 2011.
[2] The application was subject to a telephone conciliation conference on 11 March 2011 but without achieving any resolution.
[3] The Respondent filed an Employer’s Response to Application for Unfair Dismissal Remedy on 10 March 2011 and raised a jurisdictional challenge to the application in that the Respondent asserted that the dismissal was a case of a genuine redundancy.
[4] The application was listed for arbitration in relation to the jurisdictional challenge on 7 June 2011. The CFMEU by letter dated 18 May 2011 sought an adjournment of the hearing on 7 June 2011 on the basis that “We are currently unable to make contact with Bradley Knight and therefore gain instructions for the Arbitration listed on 7 June 2011.” That application for adjournment and one from the respondent were not granted.
[5] In any event the matter did not proceed on 7 June 2011 but was adjourned to 15 June 2011. At the commencement of that hearing Mr Wainwright of the CFMEU as representative for the Applicant advised that he had not been able to contact the Applicant since mid May and had been unable to get instructions from the Applicant. The Applicant had been notified of the hearing but did not attend. At the conclusion of a brief hearing I adjourned proceedings to 18 July 2011 and issued a Statement and Directions which the Tribunal sent by Express Post to the Applicant’s residential address. The Directions were as follows:
“[10] Mr Knight must confirm in writing to Fair Work Australia by close of business on 30 June 2011 that he intends to continue to press his application for an unfair dismissal remedy in this matter.
[11] If Mr Knight does not intend to be present at the hearing on 18 July 2011 Mr Knight must confirm in writing to Fair Work Australia by close of business on 30 June 2011 that he has given instructions to the CFMEU or other representative to attend and represent him at the hearing on 18 July 2011.
[12] FWA will send to Mr Byrne of Byrne Construction System Pty Ltd, Mr Adamopoulos of MBA VIC and Mr Wainwright of the CFMEU a copy of any communication received from Mr Knight.”
[6] The Applicant did not contact FWA at any time before the issuing of this decision nor did the Applicant comply with the Directions.
[7] I dismiss the application in this matter for want of prosecution. I do so in circumstances where reasonable opportunity has been given to the Applicant to prosecute the application but the Applicant has failed to take the necessary steps to prosecute the application.
COMMISSIONER
Appearances:
Mr R. Wainwright, of the CFMEU appearing on behalf of the applicant
Mr J. Adamopoulos, of the Master Builders Association of Victoria appearing on behalf of the respondent.
Hearing details:
2011
15 June
Printed by authority of the Commonwealth Government Printer
<Price code A, PR511186>
0
0
0